Thursday, February 23, 2006

CA: anonymous tip not describing criminal conduct insufficient to justify gunpoint seizure

People v Moore, __ NY3d __ [available here]

In a decision handed down this week, the Court of Appeals held that an anonymous tip reporting "a dispute involving a male Black with a gun, described as approximately 18 years of age, wearing a gray jacket and red hat" was insufficient to establish reasonable suspicion justifying a gun-point stop where the responding police observed only a black man wearing a grey jacket and red hat and did not observe any type of dispute. Sui Generis has a full post on the decision here.

Sorry for the lack of posts this week--I had three arguments on three consecutive days and was thus otherwise occupied. Regular posting to resume next week.